The Act provides contracting authorities
with greater flexibility when designing their procurement procedures.
Contracting authorities can choose to adopt the following methods:
- Single-stage open procedure or
- Any other procedure that a contracting authority
considers appropriate for awarding the contract (a "competitive,
flexible procedure"). This type of procedure may include multiple
stages, which allow deselection, shortlisting, and the refinement of award
criteria.
The Act regulates the whole life cycle
of a public contract, from pre-procurement market engagement to contract award,
management, and implementation. It emphasises transparency and obligations to
publish notices throughout the contract's life cycle, and it places a greater
emphasis on contract management and monitoring suppliers' performance.
The existing procurement regime
emphasises best value for money and requires contracts to be awarded to the
Most Economically Advantageous Tender (MEAT). The Act alters the focus to the
Most Advantageous Tender (MAT).
The language change aims to enable
contracting authorities to give more weight to award criteria such as social
value and implement the recommendations in the National Procurement Policy
Statement. However, all award criteria should continue to be proportionate and
related to the contract's subject matter.
The Act significantly changes how
contracting authorities notify tenderers of an award decision and carry out a
standstill period as follows:
- There is no longer a requirement to set out the
relative advantages and characteristics of the winning tender. Instead,
each tenderer (including the winning tenderer) must be provided with an
"assessment summary" of its tender and the winning tenderer's
tender.
- Regulations will set out the details of what needs to
be included in the assessment summary, which will consist of giving
detailed feedback against each evaluated element/award sub-criterion.
- The mandatory standstill period has been changed from
10 calendar days to 8 working days beginning when a contract award notice
is published.
- For light touch contracts, contracts awarded via
specific direct award procedures, call-off contracts under a framework and
contracts awarded by reference to a dynamic market, the requirement for a standstill
period is voluntary only. However, if a contracting party elects to hold a
standstill period, it can be for at least eight working days.
Another significant change is
introducing a centralised debarment list of suppliers subject to an exclusion
ground. The debarment list will be maintained and managed by the central
government. Contracting authorities must notify the government within 30 days
of excluding a supplier from a procurement process.
An online platform will replace FTS and
Contracts Finder. This platform will publish all notices and documentation,
including supplier registration and selection questionnaire information.
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